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Wisconsin Marijuana Laws Not as Liberal as Elsewhere in the Nation

Posted on in Drug Crimes

Wisconsin defense attorney, Wisconsin criminal lawyer, Wisconsin drug lawsWhile Colorado and Washington state have legalized recreational marijuana, and a host of other states have decriminalized possession or are slated to in the near future, Wisconsin has not yet moved in that direction. Currently, the possession, sale and cultivation of marijuana in Wisconsin are all illegal. An arrest for any marijuana-related crime carries the potential for significant penalties and jail time in Wisconsin, and it is imperative to have an experienced and local criminal defense attorney on your side.

Marijuana Possession

Any amount of marijuana possession in Wisconsin is a crime, and the penalties vary depending on several factors. The first factor is whether it is your first or subsequent offense. In addition to the statutorily prescribed penalties for marijuana possession, 100 hours of community service will be added to any conviction of marijuana possession if the possession occurred within 1,000 feet of a school, youth center, public park, pool, housing project, jail, or drug treatment facility.

For a first conviction of any amount of marijuana possession, you face up to six months in prison, in addition to $1,000 in fines. For subsequent convictions of marijuana possession, you face a felony conviction, with up to 3.5 years in prison, and a fine of up to $10,000. It is possible in some circumstances to obtain a conditional discharge if you are a first-time offender facing possession or attempted possession charges, but other than that the potential penalties for marijuana possession in Wisconsin are severe.

Cultivation and Sales of Marijuana

Selling or cultivating any amount of marijuana, or possession with intent to sell or cultivate marijuana, is also always a crime in Wisconsin. The penalties vary according to how much marijuana you possessed, grew, or sold. There are increased penalties if you sell marijuana to a minor, or within a school zone. There are also enhanced fines and penalties for subsequent offenses.

All charges of cultivation or sale of marijuana are felony charges with potentially long prison sentences. Jail terms for convictions of cultivation and sale of marijuana are between 3.5 years and 15 years in prison, and fines from $10,000 to $25,000, depending on the amount of marijuana you have in your possession. Five years can be added onto any sentence if marijuana is cultivated within 1,000 feet of a school, pool, public park, youth center, jail, drug treatment facility, or housing project. Five years can also be added onto any sentence if you are convicted of selling marijuana to a minor.

Contact a Skilled Criminal Defense Attorney at Our Office Today

If you have been charged with a marijuana-related crime, our dedicated Milwaukee criminal defense attorneys can help protect your rights. Marijuana laws in the country are rapidly changing, but in Wisconsin the penalties remain severe, with no relief in sight. If you have been arrested for a marijuana-related crime, call us at 414-271-1440 or send us an e-mail today for a consultation, so we can discuss your legal rights.

Sources:

http://docs.legis.wisconsin.gov/statutes/statutes/961/IV/495

https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/47?view=section

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